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    • MaximumFish
    • By MaximumFish 5th Jul 17, 2:26 PM
    • 64Posts
    • 2Thanks
    MaximumFish
    eBay - Do I have any rights here?
    • #1
    • 5th Jul 17, 2:26 PM
    eBay - Do I have any rights here? 5th Jul 17 at 2:26 PM
    Hey all,

    Using 'Buy it Now', I bought a new LG Nexus 5X phone just over a year ago from an eBay store seller that ships from the UK and has good feedback (don't they all?). All was fine until recently when it's developed the well documented bootloop issue. No problem, LG has a 2 year warranty, except having contacted them they're telling me that this H798 model is the Hong Kong variant, and not only can the UK arm not help, but the HK warranty is only for a year.

    I looked up my order history and the listing was clearly labelled as the correct H791 model right there in the title. Using this ammo I contacted the seller to see what they were willing to do, and they've come back offering a measly £10 refund. I've just sent my follow up reply quoting the Consumer Rights Act 2015 and so on, but having now checked their profile it seems that the seller itself is actually US based, just with a UK distribution hub. So I'm getting the sinking feeling that there's literally nothing I can do about it and I'm out £240.

    Do I have any rights here? I thought I'd done everything right, using Buy it Now and choosing a UK based seller, but it seems not. Assuming they come back laughing or simply don't reply, can I take it up with eBay or PayPal?

    I'm probably screwed, aren't I?
Page 1
    • Tealblue
    • By Tealblue 5th Jul 17, 2:38 PM
    • 660 Posts
    • 1,023 Thanks
    Tealblue
    • #2
    • 5th Jul 17, 2:38 PM
    • #2
    • 5th Jul 17, 2:38 PM
    I'm afraid you probably are. You are outside the timeframes for both ebay and Paypal and if the seller is US based, forget any idea of claiming via the small claims procedure unless there are UK-based assets: https://www.gov.uk/make-court-claim-for-money/overview
    • RFW
    • By RFW 5th Jul 17, 4:11 PM
    • 8,478 Posts
    • 4,936 Thanks
    RFW
    • #3
    • 5th Jul 17, 4:11 PM
    • #3
    • 5th Jul 17, 4:11 PM
    Do I have any rights here? I thought I'd done everything right, using Buy it Now and choosing a UK based seller, but it seems not. Assuming they come back laughing or simply don't reply, can I take it up with eBay or PayPal?

    I'm probably screwed, aren't I?
    Originally posted by MaximumFish
    Probably. Your best bets (and they aren't much more than free gambles) are to try LG Customer Services via Twitter to see if they'll take pity on you, especially as it sounds like a common fault that they know about. If this is a big seller they may also be willing to do a bit more to stop you causing a fuss (try them on Twitter too). The third is Ebay as the item is not as described, albeit in a technicality. I'd also try Ebay on Twitter, pointing out that they have been complicit in misleading you. You could also try Paypal. As a final possibility, if you've somehow paid via credit card then the credit card company could be liable.

    It might be worth giving Trading Standards a call to see what other options you may have or if they can intervene on your behalf.
    .
    • Tealblue
    • By Tealblue 5th Jul 17, 7:27 PM
    • 660 Posts
    • 1,023 Thanks
    Tealblue
    • #4
    • 5th Jul 17, 7:27 PM
    • #4
    • 5th Jul 17, 7:27 PM
    Probably. Your best bets (and they aren't much more than free gambles) are to try LG Customer Services via Twitter to see if they'll take pity on you, especially as it sounds like a common fault that they know about. If this is a big seller they may also be willing to do a bit more to stop you causing a fuss (try them on Twitter too). The third is Ebay as the item is not as described, albeit in a technicality. I'd also try Ebay on Twitter, pointing out that they have been complicit in misleading you. You could also try Paypal. As a final possibility, if you've somehow paid via credit card then the credit card company could be liable.

    It might be worth giving Trading Standards a call to see what other options you may have or if they can intervene on your behalf.
    Originally posted by RFW
    Surely as the purchase was over a year ago it's far too late to try ebay/Paypal??
    • theonlywayisup
    • By theonlywayisup 5th Jul 17, 8:28 PM
    • 11,187 Posts
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    theonlywayisup
    • #5
    • 5th Jul 17, 8:28 PM
    • #5
    • 5th Jul 17, 8:28 PM
    Even within the timescales, this would not be a SNAD. A SNAD is NOT a guarantee. You've had the item a long time, you may have a guarantee but are bound by the terms of it (1 year) and so, you need to accept this is the price you pay for buying outside of normal UK sellers.
    • RFW
    • By RFW 6th Jul 17, 8:15 AM
    • 8,478 Posts
    • 4,936 Thanks
    RFW
    • #6
    • 6th Jul 17, 8:15 AM
    • #6
    • 6th Jul 17, 8:15 AM
    Surely as the purchase was over a year ago it's far too late to try ebay/Paypal??
    Originally posted by Tealblue
    It's outside the natural timeframe, they have been known to do something beyond their scope. I said it was a (free) gamble and the only way to find out definitively is to ask. In my experience, it's never too late to try, at worst they'll say no.
    .
    • RFW
    • By RFW 6th Jul 17, 8:19 AM
    • 8,478 Posts
    • 4,936 Thanks
    RFW
    • #7
    • 6th Jul 17, 8:19 AM
    • #7
    • 6th Jul 17, 8:19 AM
    Even within the timescales, this would not be a SNAD. A SNAD is NOT a guarantee. You've had the item a long time, you may have a guarantee but are bound by the terms of it (1 year) and so, you need to accept this is the price you pay for buying outside of normal UK sellers.
    Originally posted by theonlywayisup
    I don't know the product or how it was sold but from what the OP said the item he purchased naturally has a 2 year guarantee, the one he received only had one year, this may be the only part that isn't as described. I've also taken it that the OP didn't know it was an "outside of normal UK seller" purchase. With a very faint hope of getting anywhere I'd say that was the best approach.
    .
    • MaximumFish
    • By MaximumFish 6th Jul 17, 8:52 AM
    • 64 Posts
    • 2 Thanks
    MaximumFish
    • #8
    • 6th Jul 17, 8:52 AM
    • #8
    • 6th Jul 17, 8:52 AM
    I don't know the product or how it was sold but from what the OP said the item he purchased naturally has a 2 year guarantee, the one he received only had one year, this may be the only part that isn't as described. I've also taken it that the OP didn't know it was an "outside of normal UK seller" purchase. With a very faint hope of getting anywhere I'd say that was the best approach.
    Originally posted by RFW
    Yeah that's correct.

    Thanks for your replies everyone. I'm slowly working through all available avenues in the hope that someone takes pity on me, but it's not looking good so far.
    • NBLondon
    • By NBLondon 6th Jul 17, 8:55 AM
    • 1,434 Posts
    • 7,155 Thanks
    NBLondon
    • #9
    • 6th Jul 17, 8:55 AM
    • #9
    • 6th Jul 17, 8:55 AM
    Even within the timescales, this would not be a SNAD.
    Originally posted by theonlywayisup
    I think it would...
    they're telling me that this H798 model is the Hong Kong variant,
    Originally posted by MaximumFish
    whereas
    the listing was clearly labelled as the correct H791 model right there in the title.
    - that's a SNAD right there. The problem is that after so long, the OP would be deemed as having accepted the item as delivered. Of course, if the two models look identical and can only be told apart by the serial number or something - would most of us check?
    This Be the Verse - Philip Larkin. The first line that everyone knows.
    • Lisbon
    • By Lisbon 6th Jul 17, 10:05 AM
    • 312 Posts
    • 298 Thanks
    Lisbon
    I think it would...
    whereas - that's a SNAD right there. The problem is that after so long, the OP would be deemed as having accepted the item as delivered. Of course, if the two models look identical and can only be told apart by the serial number or something - would most of us check?
    Originally posted by NBLondon
    At that price I probably would...but only if the actual model number appeared somewhere obvious.
    • MaximumFish
    • By MaximumFish 6th Jul 17, 10:37 AM
    • 64 Posts
    • 2 Thanks
    MaximumFish
    Honestly at the time I bought it I didn't know there were different variants, but even so, the variant I got was not what was listed. I've since discovered that the model is actually written on the case but in the tiniest of tiny fonts, and it's written in light grey on a white background. Not the most obvious of things.

    Had anything about it suggested that it wasn't a UK variant (box or manual in Chinese, default language at first boot anything other than English, etc) then I would've queried it right there and then for sure, but for all intents and purposes it was legit as far as I could tell.

    Now LG, Google, and the seller have either diplomatically said they can't help or flat out refused. Next stop: eBay. They facilitated the transaction, so they've gotta be at least partially liable... Right?
    • soolin
    • By soolin 6th Jul 17, 11:05 AM
    • 59,471 Posts
    • 42,179 Thanks
    soolin
    Now LG, Google, and the seller have either diplomatically said they can't help or flat out refused. Next stop: eBay. They facilitated the transaction, so they've gotta be at least partially liable... Right?
    . They would have been at the time, after so long I agree with the above that you will have to be lucky to get them interested.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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    • ballisticbrian
    • By ballisticbrian 6th Jul 17, 11:25 AM
    • 3,145 Posts
    • 1,810 Thanks
    ballisticbrian
    I think eBay will be throwing this at you, http://pages.ebay.co.uk/help/policies/user-agreement.html#using
    2nd paragraph under "About eBay"
    Warning: any unnecessary disclaimers appearing under my posts do not bear any connection with reality, either intended, accidental or otherwise. Your statutory rights are not affected.
    • theonlywayisup
    • By theonlywayisup 6th Jul 17, 1:55 PM
    • 11,187 Posts
    • 7,490 Thanks
    theonlywayisup
    I think it would...
    whereas - that's a SNAD right there. The problem is that after so long, the OP would be deemed as having accepted the item as delivered. Of course, if the two models look identical and can only be told apart by the serial number or something - would most of us check?
    Originally posted by NBLondon
    Apologies, I missed the difference in model numbers. The acceptance point is moot as the legislation in the US isn't the same as ours.

    The only possible easy(ish) course of action would be for the OP to try to convince their original card company to raise a chargeback. It's tenuous but worth a try.
    • MaximumFish
    • By MaximumFish 6th Jul 17, 2:11 PM
    • 64 Posts
    • 2 Thanks
    MaximumFish
    The only possible easy(ish) course of action would be for the OP to try to convince their original card company to raise a chargeback. It's tenuous but worth a try.
    Originally posted by theonlywayisup
    Hmm, I did apparently pay with a credit card, just via PayPal. Don't they have restrictions against chargeback/section 75 claims for payments made through PayPal?
    • theonlywayisup
    • By theonlywayisup 6th Jul 17, 3:28 PM
    • 11,187 Posts
    • 7,490 Thanks
    theonlywayisup
    Hmm, I did apparently pay with a credit card, just via PayPal. Don't they have restrictions against chargeback/section 75 claims for payments made through PayPal?
    Originally posted by MaximumFish
    They do and most won't allow it. I will try and find the link giving more info.....
    • theonlywayisup
    • By theonlywayisup 6th Jul 17, 3:33 PM
    • 11,187 Posts
    • 7,490 Thanks
    theonlywayisup
    Have a read here.

    http://www.moneysavingexpert.com/credit-cards/PayPal-Section75

    I have a company and we use a merchant processor for processing our payments, if we used paypal to merchant process, then the payer would be covered. If however, you bought items from me on eBay you are likely to opt to pay by paypal. A slight but huge difference.

    Without knowing fully how your seller's process is set up it's difficult to make a call. But nothing ventured, nothing gained.

    http://www.moneysavingexpert.com/credit-cards/PayPal-Section75
    • MaximumFish
    • By MaximumFish 10th Jul 17, 7:54 AM
    • 64 Posts
    • 2 Thanks
    MaximumFish
    Thanks for all the feedback with this. I think I'm going to try my luck with a section 75 claim, seeing as the seller offers no other form of payment (nothing lost, nothing gained, right?). I'll let you know if I have any success.
    • angryparcel
    • By angryparcel 10th Jul 17, 9:52 AM
    • 910 Posts
    • 520 Thanks
    angryparcel
    They do and most won't allow it. I will try and find the link giving more info.....
    Originally posted by theonlywayisup
    I have done section 75 claims that were paid via CC through Paypal and had no issues with card company The issue is getting Paypal to locate the transactions number as using a CC/DC through ebay you pay through PP, but as a guest, so the transactions does not show in your PP account, but all PP keeps telling you is to go into your PP account and get thew transaction number.
    • soolin
    • By soolin 10th Jul 17, 9:55 AM
    • 59,471 Posts
    • 42,179 Thanks
    soolin
    I have done section 75 claims that were paid via CC through Paypal and had no issues with card company The issue is getting Paypal to locate the transactions number as using a CC/DC through ebay you pay through PP, but as a guest, so the transactions does not show in your PP account, but all PP keeps telling you is to go into your PP account and get thew transaction number.
    Originally posted by angryparcel
    You are muddling 2 different things, it is entirely possible to pay by credit card via a paypal account. My transactions, when I fund from a CC show exactly the same as all other transactions in my paypal account , the only way I can see any difference is when I check the funding source- it shows credit card rather than funds or bank transfer.
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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